Appendix III to the ICC Rules for the Administration of Expert Proceedings

Introductory provision

ARTICLE 1

Scope of Application

This Appendix applies to ICANN Objection and Appeal proceedings administered by the Centre in accordance with the ICANN Applicant Guidebook and the ICC Rules for the Administration of Expert Proceedings, in force as from 1 February 2015. Unless otherwise specified, all terms used in this Appendix shall have the meanings assigned to them in the ICANN Applicant Guidebook and/or the ICC Rules for the Administration of Expert Proceedings.

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Costs of objection proceedings

ARTICLE 2

Filing Fee

1. When filing the Objection, the Objector shall pay a filing fee of EUR 10,000, which includes a non-refundable amount of EUR 5,000. No Objection shall be processed unless accompanied by the requisite payment.
2. When filing the Response, the Applicant shall pay a filing fee of EUR 10,000, which includes a non-refundable amount of EUR 5,000. No Response shall be processed unless accompanied by the requisite payment.

ARTICLE 3

Administrative Expenses

The ICC administrative expenses for the administration of the proceedings shall be fixed at the Centre’s discretion, depending on the tasks carried out by the Centre. Absent exceptional circumstances, the ICC administrative expenses shall not exceed EUR 7,000 for one-expert panel proceedings and EUR 12,000 for three-expert panel proceedings.

ARTICLE 4

Expert’s Fees

1. The fees for the completion of the Quick Look Review shall be based on a fixed global fee of EUR 4,000 irrespective of the number of experts. This amount shall be paid to the expert(s) out of the filing fee received in accordance with Article 2(1) or 2(2) of this Appendix.
2. For any subsequent work, the fees of each expert shall be calculated on the basis of the time reasonably spent by the expert in the proceedings at an hourly rate of EUR 450.

ARTICLE 5

Payment Obligation and Consolidated Cases

To cover the ICC administrative expenses and expert fees, the Centre fixes a deposit of an amount payable by each party in full. Similarly, in consolidated proceedings, the Centre fixes a deposit of an amount payable by each Objector and each Applicant in full.

ARTICLE 6

Early Termination of the Proceedings

If Objection proceedings terminate before the notification of the Panel Determination, the Centre shall fix the costs of the Objection proceedings at its discretion, taking into account the stage attained in the Objection proceedings and any other relevant circumstances.

ARTICLE 7

Virtual Hearing

The applicable rate for any virtual hearing hosted by the ICC Hearing Centre shall be EUR 1,000 per day.

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Costs for appeal proceedings

ARTICLE 8

Filing Fee

1. When filing the Notice of Appeal, the Appellant shall pay a filing fee of EUR 10,000, which includes a non-refundable amount of EUR 5,000. No Notice of Appeal shall be processed unless accompanied by the requisite payment.
2. When filing the Response, the Respondent shall pay a filing fee of EUR 10,000, which includes a non-refundable amount of EUR 5,000. No Response shall be processed unless accompanied by the requisite payment.

ARTICLE 9

Administrative Expenses

The ICC administrative expenses for the administration of the proceedings shall be fixed at the Centre’s discretion, depending on the tasks carried out by the Centre. Absent exceptional circumstances, the ICC administrative expenses shall not exceed EUR 7,000 for one-expert panel proceedings and EUR 12,000 for three-expert panel proceedings.

ARTICLE 10

Expert’s Fees

1. The fees for the completion of the Quick Look Review shall be based on a fixed global fee of EUR 4,000 irrespective of the number of experts. This amount shall be paid to the expert(s) out of the filing fee set out in Article 8(1) or 8(2) of this Appendix.
2. For any subsequent work, the fees of each expert shall be calculated on the basis of the time reasonably spent by the expert in the proceedings at an hourly rate of EUR 450.

ARTICLE 11

Payment Obligation and Consolidated Cases

To cover the ICC administrative expenses and expert fees, the Centre fixes a deposit of an amount payable by each party in full. Similarly, in consolidated proceedings, the Centre fixes a deposit of an amount payable by each Appellant and each Respondent in full.

ARTICLE 12

Early Termination of the Proceedings If Appeal proceedings terminate before the notification of the Appellate Panel Determination, the Centre shall fix the costs of the Appeal proceedings at its discretion, taking into account the

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Miscellaneous

ARTICLE 13

Mediation

If the parties agree to refer their dispute to mediation, the proceedings shall be governed by the ICC Mediation Rules. Absent exceptional circumstances, the filing fee and the ICC administrative expenses for the mediation proceedings shall not exceed the total of EUR 5,000. The fees of the mediator shall be calculated on the basis of the time reasonably spent by the mediator in the mediation proceedings at an hourly rate of EUR 450.

ARTICLE 14

VAT

The ICC Hearing Centre rate does not include applicable VAT. It shall be increased by the amount of applicable VAT. Parties have a duty to pay such amount to the ICC Hearing Centre.

Amounts paid to the experts and mediators do not include any possible value added tax (VAT) or other taxes or charges and imposts applicable to the expert and mediator fees. Parties have a duty to pay any such taxes or charges; however, the recovery of any such charges or taxes is a matter solely between the expert or the mediator and the parties.

The filing fee and the ICC administrative expenses do not include VAT, taxes, imposts or any other charges of a similar nature. They may be increased by the amount of VAT, taxes, imposts or any charges of a similar nature at the prevailing rate. Parties have a duty to pay any such charges pursuant to invoices issued by ICC.